SB 170
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
Senate Bill 170 (Chair, Finance Committee)(By Request - Departmental -
Transportation)
Finance Environment and Transportation
Transportation-Related Property - Prohibited Acts and Enforcement
This departmental bill expressly prohibits a person from willfully altering, disconnecting,
tampering with, removing, or otherwise interfering with a transportation-related
“component for electrical current transmission and storage” or an “intelligent
transportation system” if the component or system has been placed by the authority of a
public body or official. A person who violates this prohibition is subject to specified
incarceration and/or monetary penalties.
Fiscal Summary
State Effect: Transportation Trust Fund (TTF) expenditures decrease to the extent that the
bill deters theft of State-owned copper wire; however, any such impact cannot be reliably
estimated. The bill’s penalty provisions are not anticipated to have a material impact on
State finances or operations.
Local Effect: The bill is not anticipated to materially affect local government operations
or finances.
Small Business Effect: The Maryland Department of Transportation (MDOT) has
determined that this bill has minimal or no impact on small business (attached). The
Department of Legislative Services concurs with this assessment. (The attached assessment
does not reflect amendments to the bill.)
Analysis
Bill Summary: The bill identifies numerous types of computers and other components
that are considered either transportation-related “components for electrical current
transmission and storage” (e.g., a battery, manhole, and conductor wire) or “intelligent
transportation systems” (e.g., a camera, fiber-optic cable, and road sensor).
A person who violates the bill’s prohibition on willfully altering, disconnecting, tampering
with, removing, or otherwise interfering with these components and systems is subject to
(1) imprisonment not exceeding 6 months and/or a fine not exceeding $1,500 for a
first offense and (2) imprisonment not exceeding 18 months and/or a fine not exceeding
$5,000 for a second or subsequent offense.
Current Law: Current law does not expressly prohibit interfering with a
transportation-related component for electrical current transmission and storage or an
intelligent transportation system. However, under the general theft statute in the Criminal
Law Article, a person may not, under specified circumstances (1) willfully or knowingly
obtain or exert unauthorized control over property; (2) obtain control over property by
willfully or knowingly using deception; (3) possess stolen property knowing that it has
been stolen or believing that it probably has been stolen; (4) obtain control over property
knowing that the property was lost, mislaid, or delivered under a mistake as to the identity
of the recipient or nature or amount of the property; or (5) obtain the services of another
that are available only by compensation by deception or with knowledge that the services
are provided without the provider’s consent. A violator is required to restore the owner’s
property or pay the owner the value of the property or services and is subject to the penalties
listed below:
Value of Property and/or Services Maximum Penalty
Less than $100* Misdemeanor – 90 days imprisonment
and/or $500 fine
At least $100 but less than $1,500* Misdemeanor – 6 months imprisonment
and/or $500 fine (first conviction) or 1 year
imprisonment and/or $500 (second or
subsequent conviction)
Less than $1,500 (four or more prior theft Misdemeanor – 5 years imprisonment
convictions)** and/or $5,000 fine
At least $1,500 but less than $25,000 Felony – 5 years imprisonment and/or
$10,000 fine
At least $25,000 but less than $100,000 Felony – 10 years imprisonment and/or
$15,000 fine
$100,000 or more Felony – 20 years imprisonment and/or
$25,000 fine
*Subject to two-year statute of limitations.
**Subject to specified notice requirements.
SB 170/ Page 2
Background: MDOT advises that the department and the Maryland Transportation
Authority (MDTA) have experienced significant issues in recent years with theft of copper
wire from lighting facilities on MDOT and MDTA property. For example, since
December 2018, the State Highway Administration has documented 48 copper wire thefts
from various locations, causing safety issues due to improper lighting as well as project
delays.
State Expenditures: TTF expenditures decrease to the extent that the bill deters theft of
State-owned copper wire; however, any such impact cannot be reliably estimated. For
illustrative purposes only, MDOT advises that replacement and repair costs when copper
wire is stolen from transportation lighting facilities often exceed $100,000 and may be as
high as $600,000.
Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s): Maryland Department of Transportation; Department of Public
Safety and Correctional Services; Department of State Police; Baltimore City; Caroline,
Howard, Montgomery, and Prince George’s counties; cities of Annapolis and Bowie;
Department of Legislative Services
Fiscal Note History: First Reader - January 12, 2021
rh/lgc Third Reader - March 10, 2021
Revised - Amendment(s) - March 10, 2021
Revised - Clarification - March 10, 2021
Analysis by: Richard L. Duncan Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 170/ Page 3
 ANALYSIS OF ECONOMIC IMPACT ON SMALL BUSINESSES
TITLE OF BILL: Transportation–Related Property and Copper or Aluminum Items –
Duties, Prohibited Acts, and Enforcement
BILL NUMBER: SB170
PREPARED BY: Maryland Department of Transportation
PART A. ECONOMIC IMPACT RATING
This agency estimates that the proposed bill:
X WILL HAVE MINIMAL OR NO ECONOMIC IMPACT ON MARYLAND SMALL
BUSINESS
OR
WILL HAVE MEANINGFUL ECONOMIC IMPACT ON MARYLAND SMALL
BUSINESSES
PART B. ECONOMIC IMPACT ANALYSIS
Prior to completing a transaction for light and heavy copper, junk dealers and scrap metal
processors will be required to hold the material for not less than 30 days from the date it
was electronically reported. The electronic reporting requirement is currently in place with
an exemption that applies to certain categories of sellers – this hold requirement will not
impact that category of sellers. Maryland State Police already have jurisdiction over the
items that are electronically reported by all junk dealers and scrap metal processors – there
are no new reporting requirements in this proposal.
While the junk dealer or scrap metal processor may have to hold certain copper or
aluminum transactions for a period of time, they will still be able to sell the materials after
the hold requirements expire. Therefore, the bill will not materially affect the business’s
ability to sustain profits from moving these goods.
SB 170/ Page 4


Statutes affected:
Text - First - Transportation–Related Property and Copper or Aluminum Items – Duties, Prohibited Acts, and Enforcement: 17-1001 Transportation, 17-1011 Transportation, 21-206.1 Transportation
Text - Third - Transportation–Related Property and Copper or Aluminum Items – Duties, Prohibited Acts, and Enforcement: 17-1001 Business Regulation, 17-1011 Business Regulation, 21-206.1 Transportation